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Wyoming Business Tips for Sept. 16-Sept. 22

September 10, 2012 — A weekly look at
Wyoming business questions from the Wyoming Small Business Development Center
(WSBDC), part of WyomingEntrepreneur.Biz, a collection of business assistance
programs at the University of Wyoming.

“Can you provide information regarding copyrights and is it
necessary for me to protect documents I produce internally for my consulting
business? If so, what do I need to do?” Clarissa, Jackson.

Businesses generally possess a wealth of information that
can be copyrighted. Copyright is a form of intellectual property (IP)
protection that guards original works of authorship that are fixed in a
tangible form of expression.

Some of those are literary, dramatic, musical and artistic
works, such as poetry, novels, movies, songs and architecture. Literary works,
meaning those expressed in letters and numbers, possessing a minimum of
creativity, are eligible for copyright protection. This protection is available
to both published and unpublished works.

Examples of copyrightable works your business may possess
include advertising and marketing materials, Power Point presentations and
other audiovisual works. Copyright is granted by the United States Copyright
Office. Since 1989, works are not required to display a copyright notice -- the
letter “C” in a circle, the word “copyright” or the abbreviation “Copr.”

Copyright is protected under Title 17 U.S. Code and is
illegal for anyone to violate the rights provided by this law to copyright
owners. Protection under the Copyright Act of 1976 is secure until 70 years
after the death of the author. Just as patent protection extends to any useful,
nonobvious, novel application of an idea, copyright protection is centered on
the original expression of an idea. The basic concept of copyright is
originality.

It is not necessary to formally register your creation by
officially filing with the U.S. Copyright Office. You are free to display the
symbol “C” with your work as soon as it is made. Registration with the U.S.
Copyright Office is only valid within the country. There is no international
copyright and protection against unauthorized use in a particular country
depends on the national laws of that country.

Copyright registration is a legal formality intended to make
a public record of the basic facts. If made before or within three months after
publication of the work, or before an infringement of the work, statutory
damages and attorneys’ fees will be available to the copyright owner in court
actions. Registration also allows the owner of the copyright to record the
registration with the U.S. Customs Service for protection against the
importation of infringing copies.

The WSBDC is a partnership of the U.S. Small Business
Administration, the Wyoming Business Council and the University of Wyoming. To
ask a question, call 1-800-348-5194, email wsbdc@uwyo.edu or write 1000 E.
University Ave., Dept. 3922, Laramie, WY, 82071-3922.